Courts, Barristers And Solicitors Flashcards
barrister
A barrister will represent their clients in court and are often called upon to provide specialist advice in the legal practice area they specialise in.
solicitor
A solicitor provides specialist legal advice to their clients
difference between barrister and solicitor
-solicitors may be able to represent their clients in court if they are granted ‘rights of audience’. However, barristers can work at much higher levels of court than solicitors.
-Unlike solicitors, most barristers will be self employed and work in chambers
tribunals
Tribunals operate in specialist areas of the law, generally dealing with appeals processes.
hierarchy of civil courts
County Court (or, in certain cases, magistrates’ courts)
High Court
Court of Appeal (civil division)
Supreme Court
hierarchy of criminal courts
Magistrates’ courts
Crown Court
Court of Appeal – criminal division
House of Lords
civil cases
Civil cases are essentially about the resolution of disputes between individuals, and most housing cases fall into this category.
summary offences
magistrates court
usually common assault
either way offences
magistrates court or crown court
usually theft or ABH
indictable offences
crown court
murder, manslaughter, robbery
sentence for summary offences
Magistrate can give 6 months in prison for 1 offence and up to 12 months for more than one offence and/or a fine of £5000 (common assault). Or can be sent to Crown Court
sentencing for either way offences
if plead Guilty Court will hear the case as a guilty plea and proceed to sentencing.
At which point if their powers are insufficient (6mnths max or 12mnths) it will be passed to crown
statutory maximum sentences
Assault or Battery: 6months/ £5000 fine
S.47 ABH 5 years
S.20 GBH 5 years
S.18 Life
Barristers can…
Present opening and closing statements
Cross examination of witness
Providing the case beyond reasonable doubt or attempting to raise reasonable doubt
Presenting a plea in mitigation in the event that the defendant is found guilty
What are barristers
Are specialist legal advisers and court room advocates and their role is to help the defendant by representing them in court
